GR 35838; (February, 1933) (Digest)
G.R. No. 35838 ; February 9, 1933
THE MUNICIPALITY OF MAJAYJAY, plaintiff-appellee, vs. TOMAS DIZON, ET AL., defendants-appellants.
FACTS
The Municipality of Majayjay constructed a waterworks system (the Guevara Waterworks System) using municipal bond proceeds and insular government funds. Later, the neighboring Municipality of Magdalena constructed its own water system, connected to Majayjay’s system via a contract between the two municipalities, sharing the same water source and main pipe. The Director of Public Works and other executive officials promulgated “General regulations governing the administration, operation and maintenance of municipal and provincial waterworks,” approved by executive orders, which provided that waterworks systems supplying two or more municipalities be administered by the provincial board. Pursuant to this, the provincial board of Laguna took over administration from the Majayjay municipal council. Majayjay filed suit, claiming the regulations were illegal and deprived it of its right to administer its waterworks.
ISSUE
Whether the “General regulations” are illegal for depriving the Municipality of Majayjay of the control and administration of its waterworks system.
RULING
No. The Supreme Court reversed the lower court’s decision and upheld the validity of the regulations. Section 2317 of the Revised Administrative Code, which grants a municipal council authority to administer waterworks for supplying its inhabitants, applies only to systems exclusively serving a single municipality. The combined Majayjay-Magdalena system, sharing a source and main pipe, is not exclusively Majayjay’s. The regulations, promulgated by competent executive authorities and supported by executive orders, are valid. Practical considerations of good government also support provincial board administration to avoid conflicts between municipalities and ensure equitable charges, especially since two-thirds of the construction costs came from insular funds. The preliminary injunction against the provincial board was set aside.
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